Help interpreting rules & amendments

Started by JimbB • 7 replies • 1776 views

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JimbB (Hawaii)
Posts: 42

Posted:

Going back to the guest rule of 59 days. The owners were never notified by the Board of that amendment? Question and interpretation:
To make reasonable rules, and to amend the same from time to time and such rules & amendments shall be binding upon the owners when the Board has approved them in writing. A copy of such rules and all amendments shall be delivered to each owner.
An amendment of such importance is not "reasonable" something like that I thought need it to be voted by the membership?
Thanks again!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Jim

I think many are saying the rule is not with in the ability of the BOD. Rather then challenge them with a vote (which might say we accept your ability but disagree on this issue), legally challenge (threat or actual action) their ability.

Meaning if they say 59 or 159 or 1,059 days or 10,059 days, they do not have the right to do so.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Mind you, once you threaten legal action, the issue becomes pending. This places you in a different category than just being a member and the Association may be able to withhold documents from you until discovery. Therefore, obtain all documents you think you will need (minutes, current rule, past rule, etc.) prior to even threatening legal action.

PitA1
Posts: 222

Posted:

a VERY fine point:

'most' docs will give the BOD authority to make rules & regs governing the COMMON AREAS

soooo ..... they may be able to regulate if/when/how long a 'guest' can use a common area

BUT

NOT how long the guest may remain in one's home

(unless, in a 55+ community, the guest is under 18)

JimbB (Hawaii)
Posts: 42

Posted:

Thank you! That's what I thought only if the guest is under 18.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

JimB

Typically the under 18 comes about so local government will readily approve the development as it would add no children (under 18) to their school system and they get their tax income. Local governments love the no one under 18 restrictions. Also in the cases I know of, the courts upheld the under 18.

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By JimbB on 05/24/2014 5:07 PM
Going back to the guest rule of 59 days. The owners were never notified by the Board of that amendment? Question and interpretation:
To make reasonable rules, and to amend the same from time to time and such rules & amendments shall be binding upon the owners when the Board has approved them in writing. A copy of such rules and all amendments shall be delivered to each owner.
An amendment of such importance is not "reasonable" something like that I thought need it to be voted by the membership?
Thanks again!

Without access to your CC&R's I don't know if the Board has the power to impose such a rule or not. As to 59 days being unreasonable, what in your mind is a reasonable time frame? We've had posters here in the past complaining that they were limited to 14 days per individual - per year. As to whether or not the HOA sent out the required notice, often homeowners will see something is from the HOA and round file it unopened. Have you attempted to find out (politely, because you catch more flies with honey than vinegar) from the Board when the rule was imposed, what gives the Board the power to impose such a rule and were homeowners properly notified. If the answer is yes they have the power and all of their i's were dotted and the t's crossed then you as a homeowner have the option of gathering support to amend the CC&R's to allow for unlimited guest stays.

While I'm sure that to you the Board's decision is arbitrary and capricious and made by busybodies who have nothing better to do with their time, (and you may be right) I'm betting there are some practical considerations behind it. Parking: often HOA's are limited in the amount of guest parking available, what do you do when all the homeowners have a guest and there is nowhere to park. And after 59 days is that person no longer considered a guest but an occupant and is no longer allowed to park in a guest space but must park in the homeowners assigned spots, which often are limited to two, which are difficult to fit three cars into. Water and amenity use, insurance...etc. And the most dreaded reason of all of all, could the HOA be attempting to comply with a city code?

Studies show that 5 out of 4 people have problems with fractions

JimbB (Hawaii)
Posts: 42

Posted:

GlenL

I took your suggestion and wrote an email to the Board, this Board tends to ignore any questions concerning rule change or actions, if I hear anything I will let you all know.
Thanks

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